A.07.24.01_W912GB18R0032_Amendment_1.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Design/Build Secondary School Renovations in Svrljig, Serbia

Please see SF30 continuation page.

1. CONTRACT ID CODE PAGE OF PAGES

1 6

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 09-Jul-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912GB18R0032

X 9B. DATED (SEE ITEM 11)

02-Jul-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-Jul-2018

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

W912GB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912GB18R0032

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

ADDITIONAL INFORMATION

1. This contract is firm-fixed price, payable entirely in United States of America Dollars.

No additional sums will be payable due to any escalation in the cost of labor, materials, or equipment. The awardee’s failure to properly estimate or accurately predict the cost and / or difficulty in achieving the results required by this contract is not reimbursable. The contract price will not be adjusted on account of fluctuations in the currency exchange rates. No bill of quantities will be provided by the Government or will be utilized during this contract. Changes in the contract price and / or time to complete will be made only due to changes made by the Government in the work to be performed / due to delays caused by the Government as determined and approved in accordance with FAR Clauses 52.243-4, Changes, and FAR 52.211-13, Time Extensions, by the Contracting Officer. Advance payments are not authorized and the awardee will be paid only for work as the work is accomplished and in defined intervals as the work precedes, in accordance with FAR Clause 52.232-5, Payments under Fixed-Price Construction Contracts.

2. SERBIAN VAT REIMBURSEMENT PROCEDURES

a. The contractor is responsible for registering with the Business Registers Agency of the Republic of Serbia (http://www.apr.gov.rs) and obtaining a VAT registration number.

i. POC for this action only is ODC Chief LTC Corey Shea (email:

sheacn@state.gov,phone: +381 117064139).

ii. Deadline to register is: 1 month after NTP

b. Invoices under this contract must be made out to the “Embassy of the United States of America” and submitted to both the US Army Corps of Engineers and the U.S. Embassy in Belgrade:

USACE Address: CENAU-EC Attn: Jack Galloway Konrad Adenauer Ring 39 D-65187 Wiesbaden Germany

Invoices may also be electronically sent to:

john.r.galloway@usace.army.mil

Embassy Address: US Embassy, Belgrade, Serbia

Bulevar kneza Aleksandra Karađorđevića 92

c. The contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment.

d. The U.S. Embassy in Belgrade will pay all invoices to the contractor.

Payment by the U.S. Embassy will be exclusive of VAT.

e. While this is a firm-fixed price contract priced in US Dollars (USD) payment will be made by the U.S. Embassy in Serbian Dinar (RSD). The exchange rate from USD to RSD used will be the median exchange rate from the National Bank of Serbia on the day the invoice is dated.

f. The U.S. Embassy in Belgrade will provide the contractor with three (3) originals of a “Form for Official Procurement of Goods and Services and Importation without VAT”, based on the final invoice, documenting the net amount paid and the amount of VAT exemption.

g. The contractor is solely responsible for obtaining reimbursement from the

Ministry of Finance for any VAT paid. The contractor can reconcile with the Ministry of Finance on a monthly basis, or can reconcile all at once.

This is at the discretion of the contractor.

h. The contractor is responsible for paying the VAT amount applicable to all effort under this contract and to follow the proper procedures provide above to seek reimbursement for VAT paid from the Ministry of Finance of the Republic of Serbia.

3. Defense Base Act (DBA) Insurance Coverage: DBA coverage is required for work performed on this project by all contractors and subcontractors. DBA insurance is no longer priced separately and shall be included within the price proposal. You will be required to provide the insurance certificate prior to receiving the Notice to Proceed (NTP). Additionally, within 14 calendar days of the date of award, the contractor shall provide any required DBA insurance certificates.

Defense Base Act (DBA) insurance is commercially available from carriers and self-insured employers authorized by the Department of Labor (DOL). The DOL table of authorized carriers and self-insured employers is available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

Refer to FAR Clause 52.000-4133 Workers Compensation Insurance (Defense Base Act) – Countries with Waivers (October 2013) for more DBA Insurance and how to obtain DBA Insurance.

4. Responsibility: In accordance with FAR Subpart 9.1, the Contracting Officer will perform an affirmative responsibility determination to ensure that the awardee has the adequate resources to perform the work. If the contractor cannot provide a suitable Bank Letter of Guarantee (BLG) or Bond, in order to protect the Government’s interest in the event of default, the Government may retain 20% of every invoice submitted until 10% 30% of the total project value has been retained, and retain the funds throughout project duration until completion. Once final acceptance of the project is made by the Government, the Government will release 5% of the retained funds. The Government will release the remaining funds upon the expiration of the warranty period.

5. Discussions: It is the Government’s intent to award without discussions. However, in accordance with FAR 15.306, should discussions become necessary, the Government reserves the right to hold them. If this occurs, a competitive range will be determined and Offerors notified in accordance with FAR 15.503.

SECTION 00 21 16 - INSTRUCTIONS TO PROPOSERS

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for—

12 July 2018 at 10:00 local time

(c) Participants will meet at—

New City Hotel & Restaurant Niš, Street Vožda Karađorđa 12 Nis 18000, Serbia

My Place Hotel Kej 29 Decembar Bb, Nis 18000, Serbia

Notice: Those who wish to attend the site visit should send a notification via e-mail to Ms. Whittni Hiscox at whittni.c.hiscox@usace.army.mil and Mr. Tarek Eljizi at tarek.i.eljizi@usace.army.mil, no later than 05 July 2018.

(End of provision)

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 2 years from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of--

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

(End of Summary of Changes)